| DAVID W. HEALY |
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Start-Ups |
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Mergers and Acquisitions |
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Strategic Partnering |
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| Profile |
Mr. Healy is Co-chair of the Firm's Mergers and Acquisitions Group. In addition to advising technology companies in mergers and acquisitions, joint ventures, strategic partnering transactions and spin-offs, Mr. Healy's practice also includes start-up and public company issues, venture capital financings, public offerings and licensing matters.
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| Education |
University of California, Hastings College of the Law, J.D., 1979 University of California, Davis, A.B., in economics, cum laude, 1976
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| Admitted to Practice |
Member of the State Bar of California. |
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| Additional Information |
Mr. Healy has represented a wide range of public high technology companies including VERITAS, Compuware, Sun Microsystems, Dell, Micron Electronics, Magma Design Automation, Cadence Design Systems, Exodus Communications and Opsware. Mr. Healy's clients have also included start-ups backed by numerous prominent VC firms, including Kleiner Perkins, Sequoia, Benchmark and NEA. Mr. Healy has negotiated sales of his clients to major companies such as HP, Oracle, Intel, Cadence, Globespan, ATI, EMC and Maxtor. Mr. Healy has also represented a number of VC firms, including Kleiner Perkins, Andreessen Horowitz, Norwest Venture Partners, Millennium Technology Value Partners, TA Associates and Globespan Capital.
Mr. Healy has had primary responsibility for business transactions ranging from $20 million to over $3 billion. Transactions include acquisitions and joint ventures for Sun Microsystems, Exodus' $2.1 billion acquisition of Global Crossing's Web hosting business; the sale of Opsware to HP in a $1.6 billion cash tender offer; a $2.5 billion off-shore joint development and manufacturing agreement for Dell; VERITAS' $3.4 billion acquisition of Seagate's NSMG business; eBay’s sale of its Skype communications unit, in a deal valuing Skype at $2.75 billion, to an investor group that included Silver Lake and Andreessen Horowitz; the $875 million acquisition by Rational of Pure Atria; Compuware's $350 million tender offer for Data Processing Resources Corporation; the Intel-Mattel "Smart Toys" joint venture; a satellite joint venture for Lockheed; the $239 million Marimba-BMC merger; the $142 million sale of Jigsaw Data to Salesforce.com; the $130 million Micron-Interland merger; the $75 million Kana-Broadbase merger; acquisition work for Transforma Acquisition Group Inc. (a special-purpose acquisition entity); the $21 million sale of NetXen to QLogic; the sale of Hifn (NASDAQ: HIFN) to Exar; Silver Spring Networks' acquisition of Greenbox Technology; MKS Instruments’ sale of Ion Systems to Illinois Tool Works; and numerous other acquisitions by Magma Design Automation, Opsware, Neoforma, Exodus, and Cadence Design Systems.
Mr. Healy has been a regular speaker on merger, joint venture, strategic partnering, technology, valuation and start-up issues, and has served as Acting General Counsel to Cadence Design Systems. He recently served as the Co-Chair of the Thomson/West Legalworks Western M&A Forum 2007 (which featured speakers such as Patty Dunn, former chairman of HP, and Jim Davidson of Silver Lake Partners) and he conceived and moderated the ongoing Fenwick & West M&A Seminar Series (which has featured many prominent business executives and VCs including Ray Lane of Kleiner Perkins and Oracle, Don Lucas, former chair of Oracle and Cadence, Ray Bingham, former CEO Cadence and partner, General Atlantic, Ned Barnholt, former CEO Agilent, Ram Shriram, founding director of Google, Mark Garrett, CFO of Adobe and S. Atiq Raza, former President of AMD).
Mr. Healy clerked with the Supreme Court of California.
Publications
Recent M&A Trends & Developments, December 2009.
"Top Ten" M&A Deal Insights From Leading CEOs, CFOs and VCs - M&A Seminar Series: Key Tips From All Eight Sessions
M&A Seminar Series [below are links to single sessions only]
- Session Eight: CEO View: Top Ten Summary/Summary of Panelist Interviews/Transcript (Ben Horowitz, co-founder and former President and CEO of Opsware; Dave Orton, former President and CEO of ATI Technologies; Tony Zingale, former CEO and President of Mercury Interactive)
- Session Seven: VC/Chairman/CEO/Founder View (Summary and Transcript) (Glen Antle, Trident CEO & Cadence founder; Mike Child, Managing Director, TA Associates; Don Lucas, VC & Oracle and Cadence Board Member; Jim Solomon, Cadence founder)
- Session Six: Director/Executive/VC View (Summary and Transcript) (Ray Lane, Kleiner Perkins; Ned Barnholt, former Agilent CEO; Ray Bingham, partner General Atlantic and former CEO Cadence)
- Session Five: VC/Board Member View (Summary)(Ram Shriram, VC & Google founder; Atiq Raza, former CEO NexGen and CEO RMI; Jim Hogan, VC & former SVP Cadence; Eric Keller, CEO Movaris and former Marimba Board member)
- Session Four: CEO View (Summary)(Rajeev Madhavan, CEO Magma; Rich Wyckoff, former CEO Marimba; John Sanguinetti, former President, Chronologic and Forte Design; Charlie Huang, VC, former CEO CadMOS, VP BD Cadence)
- Session Three: CFO View (Summary)(Greg Walker, CFO Magma, Bill Porter, CFO Cadence; Mark Garrett, CFO Documentum and CFO Adobe)
- Session Two: Business Development Executive's View (Summary)(Mark Bailey, DFJ ePlanet partner, former SVP BD Symantec & Healtheon; Greg Wagenhoffeer, Dir. M&A, Magma; Michel Courtoy, M&A VP Cadence & CEO Certess)
- Session One: Investment Banker View (Summary) (Tim Ng, Deutsche Bank; Mike Kelly, Broadview; Glenn Daniel, Houlihan)
M&A Development: Deal Process and Protections (Netsmart, Lear and Topps): Lessons On What Not To Do When Selling Your Company, Fenwick & West, September 24, 2007.
M&A Development: Emerging Communications—Court Finds Financially Sophisticated Director Personally Liable for $77 Million (In Re Emerging Communications), Fenwick & West Corporate and Securities Law Update, November 9, 2004.
M&A Development: Omnicare—Court Declares Certain Deal Protection Mechanisms Unenforceable (Omnicare v. NCS Healthcare), Fenwick & West Corporate Securities Law Update, May 16, 2003.
Joint Ventures and Other Growth Alternatives |
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| Representative Clients |
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Cadence Design Systems, Inc. |
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Compuware Corporation |
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Dell Inc. |
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Exodus Communications, Inc. |
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Magma Design Automation, Inc. |
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Micron Electronics, Inc. |
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Silver Spring Networks |
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Sun Microsystems, Inc. |
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VERITAS Software Corporation |
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